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2025 DAILYLAW 74696 (ALL)

PRAVEEN KUMAR SINGH YADAV v. STATE OF U.P. AND 3 OTHERS

WRIA/9647/2025 · 2025-07-15

Manju Rani Chauhan

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:115354 Court No. - 52 Case :- WRIT - A No. - 9647 of 2025 Petitioner :- Praveen Kumar Singh Yadav Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Alok Mishra Counsel for Respondent :- Archana Singh,C.S.C. Hon'ble Mrs. Manju Rani Chauhan,J. Heard Mr. Alok Mishra, learned counsel for the petitioner, Ms. Archana Singh, learned counsel for the respondent no.3 and learned Standing Counsel for the State-respondents. The present writ petition has been filed inter-alia for the following reliefs:- "(i) Issue a writ, order or direction in the nature of mandamus directing the respondent authorities to consider intra-district transfer/adjustment of the petitioner for the academic session 2025-26 in light of the G.O. bearing No.68-5099/138/2023-Anubhag-5 (Basic Shiksha)/971264/2025 dated 23rd May, 2025 to the Primary School, Jamalpur, Vikas Khand Chahania, District Chandauli or Primary School, Husepur, Vikas Khand Chahania, District- Chandauli; (ii) Issue an appropriate order or directions which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case; (iii) Award the costs of Writ Petition to the petitioner." Learned counsel for the petitioner submits that due to laxity on the part of the respondents, the petitioner could not upload the details due to which he has not been transferred for the academic session 2025-26 to the Primary School, Jamalpur, Vikas Khand Chahania, District Chandauli or Primary School, Husepur, Vikas Khand Chahania, District-Chandauli. In this regard, the petitioner has made representation before the respondent no.3, but no decision has been taken till date. Hence the present writ petition has been filed. Learned counsel for the respondent no.3 submits that although the petition has become infructuous as the intra-district transfers have already been made, however, in case if it is possible for consideration at place of petitioner's choice as mentioned above, his representation shall be considered in accordance with law. She further submits that in case of non-availability of the said institutions as requested, his representation shall be considered for the next sessions, in accordance with law. Considering the facts and circumstances of the case and without going into the merits of the case and with the consent of the parties, the writ petition is disposed of with a direction to the petitioner to file a fresh representation before the respondent no.3- Secretary Basic Shiksha Council, U.P., Prayagraj, raising all his grievances within a period of two weeks from today. In case any such representation is filed by the petitioner, the respondent no.2 shall consider and decide the same in accordance with law, by reasoned and speaking order, preferably within a period of four weeks from the date of production of a certified copy of this order if there is no other legal impediment. Order Date :- 16.7.2025 Jitendra/- Digitally signed by :- JITENDRA KUMAR YADAV High Court of Judicature at Allahabad